JUDGMENTKHALIL-UR-REHMAN RAMDAY, J.- Muhammad Khalid petitioner seeks his release on bail after arrest in case FIR No. 165/93 dated 23.6.1993 of P.S.Civil Lines of Lahore which case stands registered for the alleged commission of offences punishable u/ss 335/336/395 of the PJ\C. He had earlier approached this Court for his release on pre-arrest bail alongwith three of his co- accused which relief had been refused to him by me through a detailed order dated 1J.4.1994 passed in Criminal Misc. No. 2672-B/93, as a result of which order the petitioner is said to bavohpcu arrested and is presently injudicial lockup...........................................................................
2. The learned counsel eanvassos boil for the petitioner, on the grouped that three of the l.Os had found him innocent; that the offence u/s 395 PPCu^i found not to have been committed during the course of occurrence in question; that the petitioner had not caused any injury to any one in the said occurrence and finally that the petitioner had been maliciously involved in the occurrence in question on account of his trade union activities. -
3. The submission of the learned counsel that the petitioner had been found innocent by three I.Os.
Is factually in'correct. The investigation in this case had been originally commenced by the local police whereafter it was Kamal-ud- Din ASP of Civil Lines who investigated this case. The investigation was then transferred to the Range Crimes where the same had been conducted by Yaqoob Inspector and then by Khalil-ur-Rehman's S J. Of Range Crimes. Thereafter the investigation was transferred to the Provincial Crimes Branch where the same had been conducted by Rana Rashid DSP and finally by Ahmad Yar Khan SJP. All these six I.Os, who include two Si's, one ASP and one DSP, were unanimous in their opinion that the occurrence had taken place in the manner as alleged by the complainant and further that the petitioner had also participated in the, said occurrence in the manner as claimed by the complainant. The dis- agreement amongst these various I.Os was only to the extent of the commission of offence punishable u/s 395 P.P.C, during the occurrence in question. Kamal-ud-Din ASP, Khalil-ur-Rehman's SJP. And Rana Rashid DSP above-mentioned were of the view that the said offence had not been committed during the said occurrence but Yaqoob Inspector and the final I.O., namely, Ahmad Yar Khan S.P. Of the Provincial Crimes Branch were of the opinion that t]ie offence u/s 395 PPC had also been committed in the occurrence in question. Thus even if some doubt was entertainable the same was only in respect of the offence u/s 395 PPC and not with respect to the occurrence in question or the participation of Khalid petitioner in the said occurrence.
4. Even if the offence u/s 395 PPC ignored for the time being, the offence allegedly committed by the petitioner and his co-accused falls within the purview of Ss. 334/336 of the PPC and each one of these offences is punishable, inter-alia, with ten years Ri. And the offence thus falls within the prohibitory clause.
5. The question regarding participation and $he part played by the petitioner in the occurrence in question and all attending facts and circumstances including the implications thereof have been considered by me in detail in my above-mentioned order dated 11.4.1994 and no reason has been shown to me to deviate from the conclusions that I had reached through the said order.
6. Consequently, I find no merit in this petition which is accordingly dismissed.